SUPPLEMENTARY INFORMATION:

I. Background

Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.

Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the federally approved SIP and are identified in part 52, “Approval and Promulgation of Implementation Plans,” of Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that the EPA has approved a given state regulation or specified changes to the given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows the EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP.

The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, the EPA from time to time must take action on proposed revisions containing new or revised state regulations. A submission from a state can revise one or more rules in their entirety, or portions of rules. The state indicates the changes in the submission (such as by using redline/strikethrough text) and the EPA then takes action on the requested changes. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov.

On May 22, 1997 (62 FR 27968), the EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by the EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for the EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain “SIP Compilations” that contain the federally approved regulations and source-specific permits submitted by each state agency.

The EPA generally updates these SIP Compilations every few years. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular state. The EPA began applying the 1997 revised procedures to the Washington SIP on March 20, 2013 ((78 FR 17108). The EPA subsequently published updates to the IBR materials for Washington on December 8, 2014 (79 FR 72548), April 12, 2016 (70 FR 21470), February 8, 2019 (84 FR 2738), and August 3, 2021 (86 FR 41716).

A. Approved and Incorporated by Reference Regulatory Materials

Since the last IBR update, the EPA approved and incorporated by reference the following regulatory materials into the Washington SIP:

Table 1—Regulations Approved Statewide

• Washington Administrative Code, Chapter 173-423, Low Emission Vehicles, sections 010 (Purpose), 020 (Applicability), 025 (Effective Date), 030 (Incorporation by Reference), 040 (Definitions and Abbreviations), 050 (Requirement to Meet California Vehicle Emission Standards), 060 (Exemptions), 070 (Emission Standards, Warranty, Recall and Other California Provisions Adopted by Reference), 080 (Fleet Average Nonmethane Organic Gas (NMOG) and NMOG Plus NO_X Exhaust Emission Requirements, Reporting and Compliance), 100 (Manufacturer Delivery Reporting Requirements), 110 (Warranty Requirements), 120 (Recalls), 130 (Surveillance), 140 (Enforcement), and 150 (Severability). For more information, see 86 FR 61705 (November 8, 2021).
• Washington Administrative Code, Chapter 332-24—Forest Protection, sections 332-24-201 (Burning Permit Program—Requirements and Exceptions), 332-24-205 (General rules—Minimum Requirements for All Burning), 332-24-211 (Specific rules for small fires not requiring a written burning permit), 332-24-217 (Burning permit requirements—Penalty), and 332-24-221 (Specific Rules for Burning That Requires a Written Burning Permit). For more information, see88 FR 54240 (August 10, 2023).
• Revised Code of Washington, Chapter 52.12—Fire Protection Districts, Powers—Burning Permits, sections 52.12.103 (Burning permits—Issuance—Contents) and 52.12.104 (Burning permits—Duties of permittee). For more information, see88 FR 54240 (August 10, 2023). ( printed page 67159)
• Revised Code of Washington, Chapter 70A.15—Washington Clean Air Act, sections 70A.15.1030(21) (Definitions. “Silvicultural burning”), 70A.15.5000 (Definition of “outdoor burning”), 70A.15.5010(2) (Outdoor burning—Fires prohibited—Exceptions), 70A.15.5020 (Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related debris—Silvicultural burning), 70A.15.5120 (Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—issuance—Fees), 70A.15.5130 (Silvicultural forest burning—Reduce statewide emissions Exemption—Monitoring program), 70A.15.5140 (Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen forest debris), 70A.15.5150 (Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits), and 70A.15.5190 (Outdoor burning allowed for managing storm or flood-related debris). For more information, see88 FR 54240 (August 10, 2023).
• Revised Code of Washington, Chapter 76.04—Forest Protection, sections 76.04.005 (Definitions) and 76.04.205 (Burning Permits—Civil Penalty). For more information, see88 FR 54240 (August 10, 2023).
• Washington Administrative Code, Chapter 173-405—Kraft Pulping Mills, section 173-405-040 (Emissions Standards), Chapter 173-410—Sulfite Pulping Mills, section 173-410-040 (Emissions Standards), and Chapter 173-415—Primary Aluminum Plants section 173-415-030 (Emissions Standards). For more information, see88 FR 89582 (December 28, 2023).

Table 2—Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction

• Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 173-400-030 (Definitions), 173-400-070 (Emission Standards for Certain Source Categories), 173-400-081 (Startup and Shutdown), 173-400-082 (Alternative Emissions Limit That Exceeds an Emission Standard in the SIP) and 173-400-171 (Public Notice and Opportunity for Public Comment). For more information, see88 FR 89582 (December 28, 2023).

Table 4—Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction

• Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 173-400-030 (Definitions), 173-400-070 (Emission Standards for Certain Source Categories), 173-400-081 (Startup and Shutdown), 173-400-082 (Alternative Emissions Limit That Exceeds an Emission Standard in the SIP) and 173-400-171 (Public Notice and Opportunity for Public Comment). For more information, see88 FR 89582 (December 28, 2023).

Table 8—Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction

• Southwest Clean Air Agency Regulations, SWCAA 400—General Regulations for Air Pollution Sources, sections 400-025 (Adoption of Federal Rules), 400-030 (Definitions), 400-036 (Portable Sources from Other Washington Jurisdictions), 400-050 (Emission Standards for Combustion and Incineration Units), 400-060 (Emission Standards for General Process Units), 400-072 (Small Unit Notification for Selected Source Categories), 400-074 (Gasoline Transport Tanker Registration), 400-091 (Voluntary Limits on Emissions), 400-105 (Records, Monitoring and Reporting), 400-106 (Emission Testing and Monitoring at Air Contaminant Sources), 400-109 (Air Discharge Permit Applications), 400-110 (Application Review Process for Stationary Sources (New Source Review), 400-111 (Requirements for New Sources in a Maintenance Plan Area), 400-112 (Requirements for New Sources in Nonattainment Areas), 400-113 (Requirements for New Sources in Attainment or Nonclassifiable Areas), 400-114 (Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source), 400-136 (Maintenance of Emission Reduction Credits in Bank), 400-151 (Retrofit Requirements for Visibility Protection), 400-171 (Public Involvement), 400-260 (Conflict of Interest), 400-810 (Major Stationary Source and Major Modification Definitions), 400-850 (Actual Emissions—Plantwide Applicability Limitation (PAL)), and Appendix A (SWCAA Method 9 Visual Opacity Determination Method). For more information, see88 FR 67097 (September 29, 2023).
• Southwest Clean Air Agency Regulations, SWCAA 491—Emissions Standards and Controls for Sources Emitting Gasoline Vapors, sections 491-010 (Policy and Purpose), 491-015 (Applicability), 491-020 (Definitions), 491-030 (Registration), 491-040 (Gasoline Vapor Control Requirements), 491-050 (Failures, Certification, Testing and Recordkeeping), and 491-060 (Severability). For more information, see88 FR 66692 (September 28, 2023).

Table 9—Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction

• Yakima Regional Clean Air Agency Regulation 1, sections 3.04 (Wood Heaters) and 3.05 (Burn Bans). For more information, see87 FR 3435 (January 24, 2022).
• Yakima Regional Clean Air Agency Regulation 1, sections 1.01 (Name of Agency), 1.02 (Short Title), 1.03 (Policy), 1.04 (Applicability), 1.06 (Records), 1.07 (General Provisions), 2.04 (Public Participation in Permitting), 3.01 (General Rules), 3.08 (Specific Dust Controls), 4.01 (Registration Program), 4.03 (Voluntary Limits on Emissions), Appendix A (Definitions of Words and Phrases), and Appendix B (Definitions of Acronyms and Abbreviations). For more information, see87 FR 41064 (July 11, 2022).
• Yakima Regional Clean Air Agency Regulation 1, section 3.03 (Outdoor and Agricultural Burning). For more information, see88 FR 66692 (September 28, 2023).
• Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 020 (Applicability), 025 (Adoption of Federal Rules), 030 (Definitions), 036 (Relocation of Portable Sources), 040 (General Standards for Maximum Emissions), 050 (Emission Standards for Combustion and Incineration Units), 060 (Emission Standards for General Process Units), 105 (Records, Monitoring and Reporting), 110 (New Source Review (NSR) for Sources and Portable Sources), 111 (Processing Notice of Construction Applications for Sources, Stationary), 112 (Requirements for New Sources in Nonattainment Areas), 113 (Requirements for New Sources in Attainment or Unclassifiable Areas), 117 (Special Protection Requirements for Federal Class I Areas), 118 (Designation of Class I, II, and III Areas), 131 (Issuance of Emission Reduction Credits), 136 (Use of Emission Reduction Credits (ERC)), 151 (Retrofit Requirements for Visibility Protection), 171 (Public Notice and Opportunity for Public Comment), 200 (Creditable Stack Height and Dispersion Techniques), 560 (General Order of Approval), 800 (Major Stationary Source and Major Modification in a Nonattainment Area), 810 (Major ( printed page 67160) Stationary Source and Major Modification Definitions), 820 (Determining if a New Stationary Source or Modification to a Stationary Source is Subject to these Requirements), 830 (Permitting Requirements), 840 (Emission Offset Requirements), 850 (Actual Emissions Plantwide Applicability Limitation (PAL)), and 860 (Public Involvement Procedures). For more information, see 87 FR 41064 (July 11, 2022).

B. Regulatory Materials Removed From Incorporation by Reference in the SIP

Table 1—Regulations Approved Statewide

• Washington Administrative Code, Chapter 173-405—Kraft Pulping Mills, section 173-405-077 (Report of Startup, Shutdown, Breakdown or Upset Conditions), Chapter 173-410—Sulfite Pulping Mills, section 173-410-067 (Report of Startup, Shutdown, Breakdown or Upset Conditions), and Chapter 173-415—Primary Aluminum Plants section 173-415-070 (Report of Startup, Shutdown, Breakdown or Upset Conditions). For more information, see88 FR 89582 (December 28, 2023).

Table 2—Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction

• Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 173-400-030(30)&(36) (Definitions) and 173-400-107 (Excess Emissions). For more information, see88 FR 89582 (December 28, 2023).

Table 4—Additional Regulations Approved for the Benton Clean Air Agency (BCAA) Jurisdiction

• Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, sections 173-400-030(30)&(36) (Definitions) and 173-400-107 (Excess Emissions). For more information, see88 FR 89582 (December 28, 2023).

Table 10—Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction

• Yakima Regional Clean Air Agency Regulation 1, state effective November 18, 1993, and December 15, 1995, sections 9.01 (Policy), 9.02 (Opacity), 9.03 (Prohibitive Fuel Types), 9.04 (Limitations of Sales of Solid Fuel Burning Devices), and 9.05 (Prohibition of Visible Emissions During Air Pollution Episodes). For more information, see87 FR 3435 (January 24, 2022).
• Yakima Regional Clean Air Agency Regulation 1, state effective November 18, 1993 and December 15, 1995, sections 1.03 (Definitions), 2.02 (Control Officer—Powers & Duties), 2.03 (Miscellaneous Provisions), 2.04 (Confidentiality), 2.05 (Advisory Council), 3.01 (Notice of Violation—Corrective Action Hearings), 3.02 (Finality of Order), 3.03 (Stay of Order Pending Appeal), 3.04 (Voluntary Compliance), 4.02 (Notice of Construction), 4.03 (Exceptions to Article 4), 5.06 (General Standards for Maximum Permissible Emissions), 5.07 (Minimum Emission Standards for Combustion and Incineration Sources), 5.08 (Minimum Emissions Standards for General Process Sources), 5.10 (Sensitive Area Designation), 5.11 (Monitoring and Special Reporting), 5.12 (Preventive Measures), 8.01 (Penalty for Violation), 8.02 (Additional/Alternative Penalties), 8.03 (Assurance of Discontinuance), 8.04 (Restraining Order—Injunctions), 8.05 (Severability),12.01 (State Regulations), 13.01 (Registration and Fee Schedule), 13.02 (Notice of Construction Fee Schedule), 13.03 (Outdoor Burning Permit Fees). For more information, see87 FR 41064 (July 11, 2022).
• Yakima Regional Clean Air Agency Regulation 1, state effective December 15, 1995, sections 5.01 (Outdoor Burning), 5.02 (Regulations Applicable to all Outdoor Burning), 5.03 (Regulations Applicable to all Outdoor Burning within Jurisdiction of the Yakima County Clean Air Authority, Local Cities, Towns, Fire Protection Districts and Conservation Districts), 5.04 (Regulations Applicable to Permits Issued by the Yakima County Clean Air Authority for all Other Outdoor Burning), and 5.05 (Additional Restrictions on Outdoor Burning). For more information, see88 FR 66692 (September 28, 2023).
• Washington Administrative Code, Chapter 173-400, General Regulations for Air Pollution Sources, state effective March 22, 1991 and September 20, 1993, sections 010 (Policy and Purpose), 091 (Voluntary Limits on Emissions), and 100 (Registration). For more information, see87 FR 41064 (July 11, 2022).

II. EPA Action

In this action, the EPA is providing notification of an update to the materials incorporated by reference into the Washington SIP as of February 1, 2024, and identified in 40 CFR 52.2470(c) and (d). This update includes SIP materials submitted by Washington and approved by the EPA since the last IBR update. See86 FR 41716 (August 3, 2021). In addition, The EPA is providing notification of the following corrections and clarifying changes to 40 CFR 52.1770(c), (d), and (e):

Changes Applicable to Paragraph (c), Title

Changing the title of paragraph (c) to read “ EPA-approved laws and regulations.”

Changes Applicable to Paragraph (c), Table 1

A. Changing the title of Table 1 to read “Table 1—Laws and Regulations Approved Statewide”;

B. Under “EPA approval date,” correcting Federal Register citations in entries 173-405-021, 173-405-072, 173-405-086, 173-405-087, 173-410-062, 173-410-086, 173-410-087, 173-415-015, 173-415-020, and 173-415-060 to reflect the first page of the preamble (85 FR 10983, February 26, 2020) as opposed to the first page of the regulatory text (85 FR 10984, February 26, 2020);

C. Under “EPA approval date,” correcting Federal Register citations in entries 173-423-010, 173-423-020, 173-423-025, 173-423-030, 173-423-040, 173-423-050, 173-423-060, 173-423-070, 173-423-080, 173-423-100, 173-423-110, 173-423-120, 173-423-130, 173-423-140, and 173-423-150 to reflect the first page of the preamble (86 FR 61705, November 8, 2021) as opposed to the first page of the regulatory text (86 FR 61707, November 8, 2021);

D. Under “EPA approval date,” correcting Federal Register citations in entries 173-476-020, 173-476-150, and 173-476-900 to reflect the first page of the preamble (81 FR 69385, October 6, 2016) as opposed to the first page of the regulatory text (81 FR 69386, October 6, 2016);

E. Under “EPA approval date,” correcting Federal Register citations in entries 332-24-201, 332-24-205, 332-24-211, 332-24-217, 332-24-221, 52.12.103, 52.12.104, 70A.15.1030(21), 70A.15.5000, 70A.15.5010, 70A.15.5020, 70A.15.5120, 70A.15.5130, 70A.15.5140, 70A.15.5150, 70A.15.5190, 76.04.005, and 76.04.205 to reflect the first page of the preamble (88 FR 54240, August 10, 2023) as opposed to the first page of the regulatory text (88 FR 54242, August 10, 2023). We are also correcting the date format to be consistent with the other table entries;

F. Correcting entry “70A.15.5010 (2)” to “70A.15.5010”;

G. Correcting the subheading “Revised Code of Washington, Chapter 76.04—Washington Clean Air Act” to “Revised Code of Washington, Chapter 76.04—Forest Protection”; and ( printed page 67161)

H. Under “EPA approval date,” correcting Federal Register citations in entries 173-405-040, 173-410-040, and 173-415-030 to reflect the first page of the preamble (88 FR 89582) as opposed to the first page of the regulatory text (88 FR 89584, December 28, 2023). We are also correcting the date format to be consistent with the other table entries.

Changes Applicable to Paragraph (c), Table 2

A. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-025, 173-400-040, 173-400-050, 173-400-060, 173-400-105, and 173-400-740 to reflect the first page of the preamble (85 FR 10301) as opposed to the first page of the regulatory text (85 FR 10302, February 24, 2020);

B. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-111, 173-400-116, 173-400-710, 173-400-720, 173-400-730, 173-400-810, 173-400-830, 173-400-840, and 173-400-850 to reflect the first page of the preamble (81 FR 69385, October 6, 2016) as opposed to the first page of the regulatory text (81 FR 69386, October 6, 2016);

C. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-110 and 173-400-112 to reflect the first page of the preamble (81 FR 66823, September 29, 2016) as opposed to the first page of the regulatory text (81 FR 66825, September 29, 2016);

D. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-030, 173-400-070, 173-400-081, 173-400-082, and 173-400-171 to reflect the first page of the preamble (88 FR 89582, December 28, 2023) as opposed to the first page of the regulatory text (88 FR 89584, December 28, 2023). We are also correcting the date format to be consistent with the other table entries; and

E. Reinserting entry “173-400-036” which was inadvertently deleted.

Changes Applicable to Paragraph (c), Table 3

A. Under “EPA approval date,” correcting Federal Register citations in entries 78-005, 173-400-025, 173-400-030, 173-400-040, 173-400-050, 173-400-060, 173-400-105, 173-400-111, 173-400-116, 173-400-171, 173-400-710, 173-400-720, 173-400-730, 173-400-740, 173-400-810, 173-400-830, 173-400-840, and 173-400-850 to reflect the first page of the preamble (85 FR 4233, January 24, 2020) as opposed to the first page of the regulatory text (85 FR 4235, January 24, 2020); and

B. Under “EPA approval date,” correcting Federal Register citations in entries 78-010, 78-020, 78-030, 78-095, 78-120, 173-400-030(30) & (36), 173-400-036, 173-400-040(2), 173-400-070, 173-400-081, 173-400-091, 173-400-110, 173-400-112, 173-400-113, 173-400-117, 173-400-131, 173-400-136, 173-400-175, 173-400-200, 173-400-700, 173-400-750, 173-400-800, 173-400-820, and 173-400-860 to reflect the first page of the preamble (82 FR 24531, May 30, 2017) as opposed to the first page of the regulatory text (82 FR 24533, May 30, 2017).

Changes Applicable to Paragraph (c), Table 4

A. Revising the subheading to more accurately reflect jurisdictional applicability;

B. Under “EPA approval date,” correcting Federal Register citations in entries 4.01(A), 4.01(B), 173-400-025, 173-400-030, 173-400-040, 173-400-050, 173-400-060, 173-400-105, and 173-400-171 to reflect the first page of the preamble (85 FR 10301, February 24, 2020) as opposed to the first page of the regulatory text (85 FR 10302, February 24, 2020);

C. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-070, 173-400-111, 173-400-810, 173-400-830, 173-400-840, and 173-400-850 to reflect the first page of the preamble (81 FR 69385, October 6, 2016) as opposed to the first page of the regulatory text (81 FR 69386, October 6, 2016);

D. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-110 and 173-400-112 to reflect the first page of the preamble (81 FR 66823, September 29, 2016) as opposed to the first page of the regulatory text (81 FR 66825, September 29, 2016);

E. Under “EPA approval date,” correcting Federal Register citations in entries 173-400-030, 173-400-070, 173-400-081, 173-400-082, and 173-400-171 to reflect the first page of the preamble (88 FR 89582, December 28, 2023) as opposed to first page of the regulatory text (88 FR 89584, December 28, 2023). We are also correcting the date format to be consistent with the other table entries; and

F. Reinserting entry “173-400-036” which was inadvertently deleted.

Changes Applicable to Paragraph (c), Table 5

Under “EPA approval date,” correcting Federal Register citations in entries 100, 101, 102, 200, 300, 305, 320, 321, 173-400-020, 173-400-025, 173-400-030, 173-400-050, 173-400-060, 173-400-091, 173-400-111, 173-400-112, 173-400-113, 173-400-117, 173-400-118, 173-400-131, 173-400-136, 173-400-151, 173-400-171, 173-400-200, 173-400-800, 173-400-810, 173-400-820, 173-400-830, 173-400-840, 173-400-850, and 173-400-860 to reflect the first page of the preamble (85 FR 36154, June 15, 2020) as opposed to the first page of the regulatory text (85 FR 36156, June 15, 2020).

Changes Applicable to Paragraph (c), Table 6

Revising the subheading to more accurately reflect jurisdictional applicability.

Changes Applicable to Paragraph (c), Table 7

Under “EPA approval date,” correcting Federal Register citations in entries 1.01, 1.07, 3.03(f), 3.04, 3.25, 5.03, 5.05, 6.01, 6.03, 6.09, 6.10, 7.09, 9.03, 9.04, 9.07, 9.08, 9.09, 9.11(a), 9.13, 9.15, 9.16, 9.18, 12.03, 173-400-030, 173-400-081, 173-400-081, 173-400-111, 173-400-112, 173-400-113, 173-400-117, 173-400-171, 173-400-200, 173-400-560, 173-400-800, 173-400-810, 173-400-820, 173-400-830, 173-400-840, 173-400-850, 173-400-860, 173-400-020, 173-400-040, 173-400-091, 173-400-105, 173-400-107, 173-400-118, 173-400-131, 173-400-136, 173-400-151, and 173-400-175 to reflect the first page of the preamble (85 FR 22355, April 22, 2020) as opposed to the first page of the regulatory text (85 FR 22357, April 22, 2020).

Changes Applicable to Paragraph (c), Table 8

A. Revising the heading “SWCAA 400—General Regulations for Air Pollution Sources” to “General Regulations for Air Pollution Sources” to be consistent with other entries;

B. Under “EPA approval date,” correcting Federal Register citations in entries 400-025, 400-030, 400-036, 400-050, 400-060, 400-072, 400-074, 400-091, 400-105, 400-106, 400-109, 400-110, 400-111, 400-112, 400-113, 400-114, 400-136, 400-151, 400-171, 400-260, 400-810, 400-850, and Appendix A to reflect the first page of the preamble (88 FR 67097, September 29, 2023) as opposed to the first page of the regulatory text (88 FR 67099, September 29, 2023);

C. Removing the duplicative entry 400-074 (state effective November 15, 2009) which was replaced by the version effective June 18, 2017; and

D. Under “EPA approval date,” correcting Federal Register citations in entries 491-010, 491-015, 491-020, 491-030, 491-040, 491-050, and 491- ( printed page 67162) 060 to reflect the first page of the preamble (88 FR 66692, September 28, 2023) as opposed to the first page of the regulatory text (88 FR 66694, September 28, 2023).

Changes Applicable to Paragraph (c), Table 10

A. Under “EPA approval date,” correcting Federal Register citations in entries 1.01, 1.02, 1.03, 1.04, 1.06, 1.07, 2.04, 3.01, 3.08, 4.01, 4.03, Appendix A, Appendix B, 173-400-020, 173-400-025, 173-400-030, 173-400-036, 173-400-040, 173-400-050, 173-400-060, 173-400-105, 173-400-110, 173-400-111, 173-400-112, 173-400-113, 173-400-117, 173-400-118, 173-400-131, 173-400-136, 173-400-151, 173-400-171, 173-400-200, 173-400-560, 173-400-800, 173-400-810, 173-400-820, 173-400-830, 173-400-840, 173-400-850, and 173-400-860 to reflect the first page of the preamble (87 FR 41064, July 11, 2022) as opposed to the first page of the regulatory text (87 FR 41068, July 11, 2022);

B. Under “State/local effective date,” correcting the citation for entry 3.03 to “11/09/20”;

C. Under “EPA approval date,” correcting the Federal Register citation in entry 3.03 to reflect the first page of the preamble (88 FR 66690, September 28, 2023) as opposed to the first page of the regulatory text (88 FR 66691, September 28, 2023); and

D. Under “Explanations,” revising entry 3.03 to standardize the citation format.

Changes Applicable to Paragraph (d)

Under “EPA approval date,” correcting Federal Register citations in entries “Tyson Fresh Meats, Inc”, “Packaging Corporation of America (Wallula Mill)”, and “Simplot Feeders Limited Partnership” to reflect the first page of the preamble (85 FR 25303, May 1, 2020) as opposed to the first page of the regulatory text (85 FR 25306, May 1, 2020).

Changes Applicable to Paragraph (e), Table 1

A. Restoring entries 173-400-240, 173-400-250, and 173-400-260 for the Washington Department of Ecology Regulations which were inadvertently overwritten by corollaries for the Southwest Clean Air Agency jurisdiction. See 88 FR 67097, September 29, 2023).

B. Removing entries 400-270 and 400-280 which were inadvertently included with the Washington Department of Ecology Regulations (see 88 FR 67097, September 29, 2023);

C. Under “EPA approval date,” correcting Federal Register citations in entries 463-78-135, 463-78-140, 463-78-170, and 463-78-230 for the Energy Facility Site Evaluation Council Regulations to reflect the first page of the preamble (82 FR 24531, May 30, 2017) as opposed to the first page of the regulatory text (82 FR 24533, May 30, 2017);

D. Under “EPA approval date,” correcting Federal Register citations in entries 103, 105, 110, 111, 112, 113, 114, 120, 123, 124, 131, 132, 133, 134, 135, and 303 for the Northwest Clean Air Agency Regulations to reflect the first page of the preamble (85 FR 36154, June 15, 2020) as opposed to the first page of the regulatory text (85 FR 36156, June 15, 2020);

E. Under “EPA approval date,” correcting Federal Register citations in entries 3.01, 3.05, 3.07, 3.09, 3.11, 3.13, 3.15, 3.17, 3.19, and 3.21 for the Puget Sound Clean Air Agency Regulations to reflect the first page of the preamble (85 FR 22355, April 20, 2022) as opposed to the first page of the regulatory text (85 FR 22357, April 20, 2022);

F. Revising entries 400-230, 400-240, 400-270, and 400-280 for the Southwest Clean Air Agency Regulations which were inadvertently listed with the Washington Department of Ecology Regulations (see 88 FR 67097, September 29, 2023); and

G. Removing entry 400-260 for the Southwest Clean Air Agency Regulations which was moved to paragraph (c) on September 29, 2023 (88 FR 67097).

H. Under “EPA approval date,” correcting Federal Register citations in entries 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.10, 2.11, and 2.12 for the Spokane Regional Clean Air Agency Regulations to reflect the first page of the preamble (86 FR 24718, May 10, 2021) as opposed to the first page of the regulatory text (86 FR 24720, May 10, 2021);

I. Under “Title/subject,” correcting entry 2.02 for the Spokane Regional Clean Air Agency Regulations to “Control Officer's Duties and Powers”; and

J. Under “EPA approval date,” correcting Federal Register citations in entries 1.05, 2.01, 2.02, 2.05, 5.01, 5.02, and 5.03 for the Yakima Regional Clean Air Agency Regulations to reflect the first page of the preamble (87 FR 41064, July 11, 2022) as opposed to the first page of the regulatory text (87 FR 41068, July 11, 2022).

Changes Applicable to Paragraph (e), Table 2

A. Under “EPA approval date,” correcting Federal Register citations in entries “Carbon Monoxide Maintenance Plan 10-year Update” (Puget Sound), “Carbon Monoxide Maintenance Plan 10-year Update” (Vancouver), “Carbon Monoxide 2nd 10-Year Limited Maintenance Plan” (Spokane), “8-Hour Ozone 110(a)(1) Maintenance Plan” (Seattle—Tacoma), “8-Hour Ozone 110(a)(1) Maintenance Plan” (Vancouver), and “Particulate Matter (PM₁₀) 2nd 10-Year Limited Maintenance Plan” (Kent, Seattle, and Tacoma) to reflect the first page of the preamble (86 FR 10026, February 18, 2021) as opposed to the first page of the regulatory text (86 FR 10027, February 18, 2021);

B. Under “EPA approval date,” correcting the Federal Register citation in entry “Carbon Monoxide 2nd 10-Year Limited Maintenance Plan” (Spokane) to reflect the first page of the preamble (81 FR 45417, July 14, 2016) as opposed to the first page of the regulatory text (81 FR 45419, July 14, 2016);

C. Under “EPA approval date,” correcting the Federal Register citation in entry “Particulate Matter (PM₁₀) 2nd 10-Year Limited Maintenance Plan” (Spokane) to reflect the first page of the preamble (81 FR 21470, April 12, 2016) as opposed to the first page of the regulatory text (81 FR 21471, April 12, 2016);

D. Under “EPA approval date,” correcting the Federal Register citation in entry “Particulate Matter (PM₁₀) 2nd 10-Year Limited Maintenance Plan” (Wallula) to reflect the first page of the preamble (85 FR 25303, May 1, 2020) as opposed to the first page of the regulatory text (85 FR 25306, May 1, 2020);

E. Under “EPA approval date,” correcting the Federal Register citation in entry “Regional Haze Progress Report” to reflect the first page of the preamble (83 FR 36752, July 31, 2018) as opposed to the first page of the regulatory text (83 FR 36754, July 31, 2018);

F. Adding the subheading “Smoke Management Planning” immediately before the entry “Department of Natural Resources 2022 Smoke Management Plan”;

G. Under “EPA approval date,” correcting the Federal Register citation in entry “Department of Natural Resources 2022 Smoke Management Plan” to reflect the first page of the preamble (88 FR 54240, August 10, 2023) as opposed to the first page of the regulatory text (88 FR 54242, August 10, 2023). We are also correcting the date format to be consistent with the other table entries;

H. Under “EPA approval date,” correcting the Federal Register citation ( printed page 67163) in entry “110(a)(2) Infrastructure Requirements—2008 Lead Standard” to reflect the first page of the preamble (79 FR 42683, July 23, 2014) as opposed to the first page of the regulatory text (79 FR 42685, July 23, 2014);

I. Under “EPA approval date,” correcting the Federal Register citation in entry “Interstate Transport for the 2008 Ozone NAAQS” to reflect the first page of the preamble (80 FR 77578, December 15, 2015) as opposed to the first page of the regulatory text (80 FR 77580, December 15, 2015);

J. Under “EPA approval date,” correcting the Federal Register citation in entry “Interstate Transport for the 2012 PM_2.5 NAAQS” to reflect the first page of the preamble (83 FR 42031) as opposed to the first page of the regulatory text (83 FR 42032);

K. Under “EPA approval date,” correcting the Federal Register citation in entry “Interstate Transport for the 2015 Ozone NAAQS” to reflect the first page of the preamble (83 FR 47568, September 20, 2018) as opposed to the first page of the regulatory text (83 FR 47569, September 20, 2018);

L. Under “EPA approval date,” correcting the Federal Register citation in entry “110(a)(2) Infrastructure Requirements—Sulfur Dioxide Standards and 2015 Ozone Standards” to reflect the first page of the preamble (86 FR 10022, February 18, 2021) as opposed to the first page of the regulatory text (86 FR 10024, February 18, 2021);

M. Under “EPA approval date,” correcting the Federal Register citation in entry “Interstate Transport for the 2010 SO₂ NAAQS” to reflect the first page of the preamble (86 FR 10015, February 18, 2021) as opposed to the first page of the regulatory text (86 FR 10016, February 18, 2021);

N. Under “EPA approval date,” correcting the Federal Register citation in entry “2003 Columbia Plateau Windblown Dust Natural Events Action Plan” to reflect the first page of the preamble (85 FR 25303, May 1, 2020) as opposed to the first page of the regulatory text (85 FR 25306, May 1, 2020); and

O. Under “EPA approval date,” correcting the Federal Register citation in entry “2018 Fugitive Dust Control Guidelines for Beef Cattle Feedlots and Best Management Practices” to reflect the first page of the preamble (85 FR 25303, May 1, 2020) as opposed to the first page of the regulatory text (85 FR 25306, May 1, 2020).

III. Good Cause Exemption

The EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs, makes corrections and clarifying changes to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553 of the APA, an agency may find good cause where procedures are “impracticable, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and corrections) only reflect existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notification of the updated Washington SIP Compilation and notification of corrections to the Washington “Identification of Plan” portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR “Identification of plan” section (which includes table entry corrections).

IV. Incorporation by Reference

In this document, The EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, The EPA is finalizing the incorporation by reference of regulations promulgated by Washington and local clean air agencies located in Washington, previously approved by the EPA and federally effective before February 1, 2024, contained in 40 CFR 52.2470(c), EPA-approved regulations and 40 CFR 52.2470(d) EPA-approved state source-specific requirements described in section II. of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, The EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:

• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act.

The SIP is not approved to apply on any Indian reservation land in Washington except as specifically noted below and is also not approved to apply in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Washington's SIP is approved to apply on non-trust land within the exterior boundaries of the Puyallup Indian Reservation, also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and local agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area. ( printed page 67164)

Executive Order (E.O.) 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address “disproportionately high and adverse human health or environmental effects” of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The EPA further defines the term fair treatment to mean that “no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.” The EPA did not perform an EJ analysis and did not consider EJ in this action. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving EJ for people of color, low-income populations, and Indigenous peoples.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2).

The EPA also believes that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the Washington SIP Compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, the EPA believes judicial review of this action under section 307(b)(1) is not available.

For the reasons set forth in the preamble, EPA is amending 40 CFR part 52 as follows:

89 FR 67158